Extramarital relationship allegations involving an individual with national security duties are handled with extreme seriousness, primarily through the security clearance adjudication process under Adjudicative Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The government’s concern is not about policing morality but about mitigating security risks. An undisclosed extramarital affair can create a significant vulnerability to blackmail or coercion by a foreign intelligence service. A person with something to hide is a potential security risk.
When such an allegation arises, it will trigger a security clearance investigation or review. The adjudicators will assess several factors. First and foremost is candor. Did the individual truthfully disclose the relationship when required, such as on their SF-86 form or during an interview? A failure to be honest is often seen as more disqualifying than the affair itself. Second, they will assess the risk of coercion. Is the affair ongoing? Does the other person involved have questionable associations? Is the individual in a position where the affair could be used as leverage against them?
A security clearance attorney defending the individual would focus on mitigating these concerns. They would advise their client to be completely transparent with the investigators. The attorney would present evidence to show that the relationship has ended, that the individual’s spouse is aware of the situation (which eliminates the potential for blackmail), and that the individual has taken steps, such as counseling, to ensure such high-risk behavior will not be repeated. The goal is to prove to the adjudicators that while the individual exercised poor personal judgment, they are not a current security risk.